STATE OF GUJARAT Vs. VINODCHANDRA @ VINODKUMAR

JUDGEMENT

(1.) The present acquittal Appeal has been filed by the State, under Section 378 Cr. P.C., against the Judgment and order dated 28.9.1995, rendered in Criminal Case No.584 of 1989 by the learned Judicial Magistrate, First Class, Deesa. The said case was registered against the present respondent for the offence under Section 7 & 16 of the Prevention of Food Adulteration Act (for short "PFA Act") in the Court of learned JMFC, Deesa. The said Judgment of the trial Court has been challenged by the State on the ground that the Judgment and order passed by learned Magistrate is against the law and evidence on record.

(2.) According to the prosecution case the complainant Food Inspector Shri B.N.Trivedi visited the shop of the present respondents accused, which is situated at Deesa Nagarik Bank Building, on 29.11.1988 and purchased 600 grams Black Pepper ("Kala Mari") from the Steel Box. The said sample Black Pepper (Kala Mari) was sealed under the instruction of Food Inspector and then the same was sent to the Public Analyst for Report. Upon receipt of the Report from the Public Analyst it was found that the food sample was adulterated. Therefore, the complaint was filed against the present respondents accused. Thereafter the charge was framed against the respondents accused and accused came to be tried.

(3.) At the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Magistrate vide impugned Judgment, acquitted the respondent accused.